Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Alaska law, a surviving spouse may petition the probate court for a family allowance to cover living expenses during estate administration. The family allowance takes priority over most claims against the estate (AS 13.16.100).
To qualify for this allowance, you must establish that you were legally married to the decedent at the time of death. A certified marriage certificate from the Department of Health serves as primary proof (AS 18.50.080). If the certificate is incomplete (omitting names, date, or county) or missing, the probate court may delay approving your allowance until you resolve the issue.
Options when a certificate is incomplete or lost:
- Request a certified copy. File an application with the Vital Records office under AS 18.50.080 or through the online portal on the Alaska Department of Health website.
- Amend or correct the record. If your certificate contains errors, petition the state registrar under AS 18.50.190 for an amendment. The registrar can issue a corrected copy once you supply supporting affidavits or documentation.
- Present secondary evidence. If you cannot obtain a certified copy quickly, the probate court can accept alternative proof of marriage. Examples include:
- Church or religious marriage records
- Joint tax returns or insurance policies naming each other as spouse
- Affidavits from family members or officiants
- File a provisional claim. Inform the court of your efforts and request it set aside a placeholder allowance pending final proof of marriage.
Failure to supply adequate proof may delay the allowance or require a contested hearing. Once you establish marital status, the court will grant a reasonable monthly sum—often up to $18,000 annualized, but the exact amount varies with family needs and estate size (AS 13.16.100).
Helpful Hints
- Act promptly. Order a certified copy or file for correction immediately after appointing a personal representative.
- Gather supporting records. Collect any documents showing you held yourselves out as married.
- Keep detailed records. Track your correspondence with the Vital Records office and the probate court.
- Consider interim relief. Ask the probate judge to reserve funds for your allowance while you perfect your proof.
- Consult a probate attorney. Even if you handle documentation yourself, an attorney can guide you through statutory deadlines and court procedures.